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R E S O L U T I O N
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WHEREAS, For more than 150 years, state insurance regulators |
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have provided effective consumer protection and industry |
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oversight; some members of the United States Congress, however, |
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have proposed to undermine this time-tested regulatory system by |
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allowing insurance companies to opt out of state oversight and into |
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a new federal system of chartering, licensing, regulation, and |
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supervision; and |
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WHEREAS, State lawmakers have a unique understanding of the |
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needs of their constituents and of the specific conditions and |
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characteristics that apply in their insurance marketplace; they are |
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able to assess and respond to changing circumstances specific to |
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their states with appropriate modifications to regulations; and |
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WHEREAS, A federal charter system would permit companies to |
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circumvent carefully crafted consumer protection laws and strong |
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solvency requirements that have been put in place by individual |
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states; proponents of such a federal system have cited the recent |
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collapse of the American International Group as justification for a |
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federal charter, but in fact, the insurance subsidiaries of AIG |
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that are regulated at the state level have generally retained their |
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value while federal oversight failed to prevent the meltdown of the |
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parent company; and |
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WHEREAS, Given the faltering economy, it is more important |
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than ever for state officials to exercise strong oversight of the |
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insurance industry for the benefit of consumers and to maintain the |
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stability of insurance companies; moreover, premium taxes on |
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insurance are a significant source of revenue for the general funds |
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of all states, providing more than two percent of state tax revenues |
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according to the United States Census; experts estimate that an |
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optional federal charter could eventually draw away from the states |
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more than $14 billion in premium taxes and fees; and |
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WHEREAS, The bifurcation of the insurance regulation system |
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is unnecessary and likely to promote confusion, ambiguity, and |
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fragmentation; it would create an expensive new federal bureaucracy |
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that would inevitably be less nimble and responsive than state |
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regulatory systems, while weakening the ability of the states to |
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protect the interests of their residents; the McCarran-Ferguson Act |
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of 1945 affirmed the role of states as principal regulators of |
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insurance, and there is no compelling reason to make a change in the |
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regulatory rights and responsibilities of the states; now, |
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therefore, be it |
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RESOLVED, That the House of Representatives of the 81st Texas |
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Legislature hereby express its opposition to any federal |
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legislation that would create an optional federal charter for |
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insurers; and, be it further |
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RESOLVED, That the chief clerk of the Texas House of |
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Representatives forward official copies of this resolution to the |
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president of the United States, to the speaker of the house of |
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representatives and the president of the senate of the United |
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States Congress, to the members of the U.S. House Financial |
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Services Committee, to the members of the U.S. House Banking |
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Committee, to the U.S. secretary of the treasury, and to all members |
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of the Texas delegation to Congress with the request that this |
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resolution be officially entered in the Congressional Record as a |
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memorial to the Congress of the United States of America. |
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Taylor |
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Eiland |
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______________________________ |
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Speaker of the House |
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I certify that H.R. No. 798 was adopted by the House on May |
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19, 2009, by the following vote: Yeas 141, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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